Citation Nr: 20009859 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 17-19 813 DATE: February 6, 2020 REMANDED Entitlement to service connection for multiple myeloma, to include as secondary to exposure to ionizing radiation, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from May 1974 to April 1994. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi (Agency of Original Jurisdiction (AOJ)). The Veteran testified at a video conference hearing before the undersigned in October 2019. A transcript of the proceeding is of record. 1. Entitlement to service connection for multiple myeloma, to include as secondary to exposure to ionizing radiation, is remanded. The Veteran contends he was exposed to ionizing radiation while stationed at the Aberdeen Proving Grounds and other places with ionizing radiation and should thus be service connected for his multiple myeloma. He served as a nuclear facility security military policeman, the duties of which included guarding the nuclear site for all types of nuclear weapons in storage. A review of the Veteran’s personnel records reflect that he was, indeed, stationed at Aberdeen Proving Grounds as well as a variety of other locations. He has submitted articles – including one entitled “Calculation of Radiation Dose Levels for the Army Pulse Experimental Reactor Assembly” at Aberdeen Proving Ground and another entitled “Lessons Learned from Shut-Down to Decommissioning Plan at the Army Pulse Radiation Facility– indicating that Aberdeen Proving Ground was used “in the irradiation of electronics with neutrons and gamma rays…and as a source of radiation for air-over-ground radiation transport.” Service connection for a disability based upon exposure to ionizing radiation can be awarded on three different legal bases. The first basis is a presumptive basis for diseases specific to radiation exposed veterans, who engaged in radiation-risk activity, as defined under 38 C.F.R. § 3.309(d). See generally 38 C.F.R. § 3.309(d)(3). The second basis is based on exposure to ionizing radiation with the subsequent development of a radiogenic disease under 38 C.F.R. § 3.311. Multiple myeloma is listed as a radiogenic disease. As the Veteran was not involved in atmospheric weapons testing or the occupation of Hiroshima or Nagasaki during World War II, the case at hand involves an “other exposure claim” which requires VA to request any available records of radiation exposure - including a Record of Occupational Exposure to Ionizing Radiation (DD Form 1141) - and to forward all available records to the Under Secretary for Health for preparation of a dose estimate, to the extent feasible, based on available methodologies. 38 C.F.R. § 3.311(a)(iii). The U.S. Army Dosimetry Center has indicated it was unsuccessful in locating the files for records of exposure to ionizing radiation for the Veteran. However, per regulation and given the report of ionizing radiation at Aberdeen Proving Ground, VA must forward all available records to the Under Secretary for Health for preparation of a dose estimate, to the extent feasible, based on available methodologies. 38 C.F.R. § 3.311(a)(iii). The matters are REMANDED for the following action: 1. The AOJ shall associate the Veteran’s most recent outstanding VA medical treatment records with his file, specifically those records from October 2017 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 for any private treatment providers that have treated him for multiple myeloma. Thereafter, obtain and associate with the claims folder any private treatment records identified. 3. Forward the Veteran’s personnel records, service treatment records, the description of duties performed in connection with his military occupational specialty as a military policeman, and the reports provided by the Veteran (including one entitled “Calculation of Radiation Dose Levels for the Army Pulse Experimental Reactor Assembly” at Aberdeen Proving Ground and another entitled “Lessons Learned from Shut-Down to Decommissioning Plan at the Army Pulse Radiation Facility”) to the Under Secretary for Health, who will be responsible for preparation of a dose estimate of the Veteran’s exposure to ionizing radiation while stationed at Aberdeen Proving Grounds and other area assignments to the extent feasible, based on available methodologies, pursuant to 38 C.F.R. § 3.311(a)(2)(iii). 4. Thereafter, forward the case to the VA Under Secretary for Benefits to obtain an opinion as to whether it is at least as likely as not that any exposure to ionizing radiation during the Veteran’s active service caused his development of multiple myeloma, taking into consideration the factors listed under 38 C.F.R. § 3.311(e). 5. Thereafter, readjudicate the claim. If any benefit sought on appeal remains denied, furnish the Veteran and his representative, if any, a supplemental statement of the case and an appropriate period of time to respond. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Victoria A. Narducci, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.